Hamilton v. Western N. C. R. Co.

• Decision Date: 03 June 1887
• Citation: 3 S.E. 164,96 N.C. 398
• Court: North Carolina Supreme Court
• Parties: HAMILTON v. WESTERN N. C. R. Co.

96 N.C. 398

3 S.E. 164

HAMILTON

v.WESTERN N. C. R. Co.

Supreme Court of North Carolina.

June 3, 1887.

OPINION TEXT STARTS HERE E. C. Smith and T. F. Davidson, for plaintiff.

D. Schenck and C. M. Busoee, for defendant.

SMITH, C. J.

The present action is prosecuted to obtain redress from the defendant company for an alleged breach of contract on its part, in refusing to receive at its station in Statesville, on Saturday, the sixth day of December, 1884, the day agreed on for the purpose, and thence transport two car-loads of cattle to Richmond, in Virginia, intended to be sold for beef in that market on the Monday following. The cattle were put in cars on the defendant's road on Monday, two days later, and conveyed and delivered in Richmond early on the morning of the next day. Compensation is demanded to cover the loss from diminished weight and impaired quality of the beef, by the needless pulling the cattle in and taking them out of the cars on the day of the defendant's failure, for the loss of the best market day in selling, and for the expenses incurred in keeping the cattle at both places. The defendant denies that any contract was made other than that set out in the bill of lading annexed to the answer, which has been strictly performed, and that the attempt to have the cars loaded with the cattle, and attached to the train on Saturday as it passed eastward, failed by reason of the plaintiffs' own negligence and delay in loading and having them in readiness for the train of that day, which could not wait for this to be done without hazarding the connection with the through train at Salisbury. The bill of lading is in the following form:

“WESTERN NORTH CAROLINA RAILROAD.

“NOTICE.

“Live-stock will not be taken at reduced rates given, but will be charged full rates, unless the shipper and agent execute the following contract for the shipment of live-stock:

“STATESVILLE STATION, December 8, 1884,

“Received by the Western North Carolina Railroad Co., of Hamilton & Hardin, the following described stock:

+----------------------------------------------------------------+
                ¦CONSIGNEE AND DESTINATION.¦DESCRIPTION.        ¦STOCK   ¦WEIGHT.¦
                +--------------------------+--------------------+--------+-------¦
                ¦A. G. Robison,            ¦1 car-load          ¦East    ¦       ¦
                +--------------------------+--------------------+--------+-------¦
                ¦Richmond, Va.             ¦O. K. load and cont.¦        ¦       ¦
                +--------------------------+--------------------+--------+-------¦
                ¦                          ¦                    ¦east car¦7,102  ¦
                +----------------------------------------------------------------+
                

Consigned as per margin, to be transported by Western N. C. R. R. Co. to freight station, Richmond, Va., ready to be delivered to the consignee or his order, to such company or carrier. If the same is to be forwarded beyond said station, whose line may be considered as part of the route to the destination of said stock, it is directly agreed that the responsibility of the Western N. C. R. R. as carrier shall cease at the aforesaid freight station, when delivered or ready to be delivered, to such owner, consignee, or carrier, upon the following conditions, viz:

“That whereas the Western N. C. R. R. Co., and connecting lines, transfer live-stock only at certain tariff rates, except when, in consideration of a reduced rate, the owner or shipper assumes certain risks specified below: Now, in consideration of said railroad's agreeing to ship the above-described live-stock at the usual reduced rate of $45 per car load, to Richmond, Va., and a free passage to the owner or his agent on the train with this stock, (if shipped in car-load quantities,) the said owner and shipper does hereby assume and release the said railroad from all injury, loss, or damage, or depreciation which the animal or animals, or either of them, may suffer in consequence of either of them being weak, or escaping, or injuring itself, or themselves, or each other, or in consequence of overloading, heat, suffocation, fright, violence, and from all other damages incidental to railroad transportation, which shall have not been caused by fraud or gross negligence of said railroad companies. And it is further agreed that the said owner and shipper is to load, transfer, and unload said stock with the assistance of the company's agents or agent at his own risk; and it is further agreed that while the company's employes shall provide the owner or person in charge of the stock all proper facilities, on train and at stations, for taking care of the same, the business of the company shall not be delayed by the detention of trains to unload and reload stock for any cause whatever, but cars may be left at a station upon request of the person in charge of the same, to be forwarded by next freight train, if he so directs; and the said owner and shipper hereby agrees that said railroad company shall not be held liable for any damage or injury that may occur to said stock during the time the same may remain unloaded, and cut off the cars as aforesaid, and in case said stock is kept over at any given point by the said owner or shipper, or his agent, beyond a reasonable length of time, for feeding and watering, subject always to local laws of any state through which it may pass while in transit, then this contract shall be held to be voidable at the option of these railroad companies, or either of them, in which case such rates of freight may be imposed and collected by said companies as they, or either of them, may deem proper, not to exceed local rates to such points of detention.

“It is further agreed and understood that the presentation of this bill of lading shall be sufficient evidence of ownership to relieve and release these companies from all liability on account of every delivery, but shall not be held to operate against the rights of these companies to demand, if they elect, the identification of the party presenting the bill of lading, before delivery of the said stock to him. And it is further agreed that, in case of accident to or delay of train from any cause whatsoever, the owner and shipper is to feed, water, and to take proper care of stock at his own expense, or the company may do so at the expense of the owner. And it is further agreed that the owner and shipper, or his agent or agents in charge of stock, shall ride upon the freight train on which the stock is transported, and that he does assume and release said railroad companies from all risks of personal injury while about or upon the trains of the companies. And it is further agreed that, should damage occur for which the company may be liable, the value at the place and date of shipment shall govern the settlement, in which the amount claimed shall not exceed for a stallion or jack $200; for a horse or mule $100; cattle, $20; other animals, $15 each. And it is further agreed that, when stock is shipped in less quantities than a car-load, the company's agent shall assess freight on the animal or animals at the following tariffs, and collect freight accordingly, regardless of what the...